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Section 1983 Claims May Not Apply to Private Actors

In the case of Cleavenger v. B.O., 2022-Ohio-454, the Ohio Ninth District Court of Appeals held that the trial court properly granted a motion to dismiss a 42 U.S.C. 1983 (“Section 1983”) claim alleging that an alleged crime victim made false statements to the police and at trial about an alleged crime the plaintiff committed. […]

Community Fair Attendee Found to Be a Licensee and Not an Invitee

In the case of Durfor v. W. Mansfield Conservation Club, 2022-Ohio-416, the Ohio Third District Court of Appeals held a child who was injured at a community fair held on a private club’s property was not an “invitee.” Here, the parent argued that the child was an invitee and, therefore, asserted that the private club […]

The Ohio Ethics Commission – The Voice of Ethics – 2022 Quarter 1

The Ohio Ethics Commission just published its newest newsletter, “The Voice of Ethics,” which can be viewed here. Past newsletters from the Ohio Ethics Commission can be viewed here. McGown & Markling is often asked to opine on various ethics issues, but the best ethics advice comes straight from the Ohio Ethics Commission itself. To request an […]

The Ohio Fair Plan Underwriting Association Is a Public Office

In the case of State ex rel. Fair Hous. Opportunities of Northwest Ohio v. Ohio Fair Plan, 2022-Ohio-385, the Ohio Tenth District Court of Appeals granted a petition for a writ of mandamus to compel the Ohio Fair Plan Underwriting Association (“OFP”) to respond to a public records request. Here, the OFP argued that it […]